Introduction | Securing Future Care from a Distance

When preparing for the future, especially regarding potential health issues like dementia, an enduring power of attorney (EPoA) is a prudent step. This becomes even more critical when family members responsible for care are located off the Isle of Man. In such cases, appointing joint attorneys, with at least one being a local advocate, ensures comprehensive management of the donor’s affairs. This article on Securing Future Care from a Distance explains why this is advantageous and outlines the process of registering and operating an EPoA on the Isle of Man.

Why Appoint Joint Attorneys with Local Advocacy?

Proximity and Availability:

A local advocate can handle issues that require physical presence and immediate attention. They can attend meetings, sign documents, and provide the necessary administration services to deal with local authorities and banks, tasks that are challenging to manage from afar.

Expert Knowledge:

An advocate with experience in Manx law can navigate the complexities of the legal system, ensuring compliance and safeguarding the donor’s best interests within the jurisdiction’s unique legal framework.

Continuous Oversight:

An advocate can provide regular oversight of the donor’s affairs, ensuring that property and financial matters are managed effectively and in accordance with the latest local regulations and practices.

Registering the EPoA: The Necessary Safeguard

Once an advocate is appointed as a joint attorney with a family member, the next step is to register the EPoA when the donor starts to lose mental capacity.

The Registration Process:

• Notification of Intent:
  As required by law, we first notify the donor and all interested parties including next of kin of our intent to register the EPoA, offering an opportunity to raise any concerns or objections.
• Medical Confirmation:
  We obtain a medical practitioner’s statement confirming the donor’s lack of capacity to manage their own affairs.
• Application to the Authorities:
  We submit the application along with the required documentation to the Isle of Man court for registration of the EPoA.
• Court Review:
  The court examines the application to confirm that it’s in the donor’s best interest and that the EPoA was executed correctly when the donor had the capacity.
• Registration Complete:
  Once registered, the EPoA grants us, as joint attorneys, the authority to act on the donor’s behalf.

Our Advocacy in Action

As joint attorneys, our firm commits to:

• Acting Within Your Trust:
  We respect the trust placed in us by carrying out our duties with integrity, always prioritising the donor’s best interests.
• Collaborative Management:
  We work in concert with the co-attorney to ensure all actions reflect the donor’s wishes and provide the best outcomes.
• Transparency:
  We maintain open and regular communication with family members, providing updates and insights into the management of the donor’s affairs.

Conclusion | Cross-Border Challenges in Mental Capacity

The foresight to appoint a local advocate as a joint attorney in an EPoA is invaluable, especially for Isle of Man residents with family living off-island. This strategic move ensures that the donor’s health and financial affairs are managed efficiently, empathetically, and in line with their wishes. Our firm stands ready to navigate these waters with you, ensuring that even from a distance, your loved one’s needs are competently and compassionately met.

MannBenham are here for you

We are here for you to talk through what you need, with years of experience and knowledge. If you want to find out more about securing future care from a distance, please feel free to speak with one of our Private Client Team on +44 (0)1624 639350 or email them at [email protected] to arrange your free initial consultation.

Source: MannBenham Advocates
Securing Future Care from a Distance – written by Miles Benham | Article posted on 8 December 2023